Legal Question in Tax Law in New Jersey
How do Life/health insurance agents hide income
Can you please give input how insurance agents may be able to underreport income? I need this information to find my spouse's true income due to a divorce proceeding! Spouse is an independent life/health insurance agent and works with an agency that has contracts with life insurance co., and she gets her commissions directly from the life insurance company, with a separate percentage directly going to the agency. My attorney sent a subpoena, to agency asking them about any payments paid to my spouse in any form, ex., expenses, etc., and specific question about a public award by agency, in my presence, during Christmas, for highest producer in the agency with premium amount of $128000 for the year. That tax year 1099-misc received from the insurance companies showed approximately 60% of income expected from the premium announced in the award ($39000 in place of approximately $70000/-). I suspect the agency owners, who are good friends of spouse, are showing some of my spouse's business under their name and paying the amount to my spouse under the table. Agency has declined to provide any information - the company cannot admit to cash payments, as this is not reported during tax time by the agents, and this practice may be more wide
1 Answer from Attorneys
Re: How do Life/health insurance agents hide income
It is possible that several things can be done, but these are only suggestions, not actualities to my knowledge. Having done tax returns for insurance agents, I am aware of many deductions they claim, any of which may be overstated on their tax returns, or in the information provided by the agency or the insurer. Many agencies charge their agents for rent of space, office supplies, leads and other charges. These "costs" come off the top in the calculation of what is reported in the Form 1099 the agent receives. Thus, if these "charges" have been overstated by the agency, the 1099 will be lower than actual income that might be received. The first place to look is at their commission agreement, which should spell out what commissions are payable, on what types of policies and what charges may be used to offset commissions payable. Keep in mind that different types of policies have different commission schedules. Also, commissions vary greatly on new polcies and on renewals, so it is important to know what polciies have been written from year to year. Presuming you have filed joint returns, you would have Schedule "C" on which gross and net is reported. Deductions may have been overstated, to reduce income taxes and self-employment taxes. If you prepared the returns or retained the accountant who prepared it, you could have an exposure if the income were underreported. Finally, some agents get a Form W-2 in addition to a Form 1099. These should be analyzed for any income differentals. This is just a broad overview of what to look for. This reply is to an Internet question and is not intended to be a legal opinion or to create an attorney-client relationship.